UGG®

UGG® DECKERS OUTDOOR CORPORATION v. TOMMY HILFIGER RETAIL, LLC

Deckers Outdoor Corporation (“UGG®”) has filed a Complaint against Tommy Hilfiger Retail, LLC of Madison Avenue, New York, and PVH Corp. (“PVH”) and DOES 1-10 (collectively, “Tommy Hilfiger®”). UGG® manufactures and sells the slides, namely, UGG® “FLUFF YEAH SLIDE”, as shown in the photograph, below. UGG® has filed a complaint against Tommy Hilfiger’s® arising from Tommy Hilfiger’s® design, manufacture, importation, distribution, advertisement, marketing, offering for sale, and sale in the U.S. of footwear products known as Tommy Hilfiger® “LAYDOWN”, as labelled in the photographs, below. UGG® alleges infringement by Tommy Hilfiger® pursuant to UGG’s® “FLUFF YEAH” Trade Dress; and UGG’s® U.S. Design Patent No. D866,941, as illustrated below. UGG® filed its Complaint in the U.S. District Court Central District of California Case No.:22-cv-04273, June 22, 2022, pursuant to: (1) Trade Dress Infringement Under the Lanham Act; (2) Trade Dress Infringement Under California Common Law; (3) Unfair Competition in Violation of CAL. BUS & Prof. Code § 17200 et seq.; (4) Unfair Competition Under California Common Law; (5) Patent Infringement of U.S. Design Patent No. D866941 in compliance with 35 U.S.C. §287. The U.S. Design Patent D866941, titled, FOOTWEAR UPPER AND MIDSOLE, includes seven Figures. Figure 1 and Figure 2 is copied below. Tommy Hilfiger has not filed an Answer to the Complaint against them, as of today’s date.

UGG® FLUFF YEAH SLIDE

TOMMY HILFIGER® LAYDOWN

TOMMY HILFIGER® LAYDOWN